Trade mark decision
- BL Number
- O/493/02
- Decision date
- 29 November 2002
- Hearing Officer
- Mr O Morris
- Mark
- ASTERIX
- Classes
- 09
- Registered Proprietor
- Les Editions Albert Rene
- Applicants for Revocation
- CWB Systems Services Plc
- Application for Revocation
- Sections 46(1)(a); 46(1)(b) & 46(5)(b)
Result
Application for revocation, Section 46(1)(b) partially successful.
Points Of Interest
- Use by licensees : "A licence does not show that a single product was manufactured or a single sale or advertisement for sale took place within the relevant period and more importantly within the relevant jurisdiction."
Summary
Reviewing the evidence of use the Hearing Officer eventually concluded that there had been some use of the mark, on one of the specified products, in the period specified in Section 46(1)(b). This did not justify retention of the whole specification and the Hearing Officer ordered a reduction in its scope to reflect the actual use shown. He awarded costs accordingly.
Full decision O/493/02 
52Kb
